O'CONNOR, Associate Justice:
Geraldine Lauture appeals the district court's grant of summary judgment to her employer, St. Agnes Hospital, on her race- and national origin-based claims for discrimination, hostile work environment, and constructive discharge in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e,
Appellant Geraldine Lauture, who is black and was born in Haiti of Haitian parents, was employed by St. Agnes Hospital as a Medical Laboratory Technician. Lauture holds an associate degree in Medical Laboratory Technology and a Certificate of Achievement for completing training in chemistry, hematology, and microbiology. From July 2004 until December 2005, Lauture worked the evening shift in the Microbiology Lab without any direct supervision. In December 2005, Lauture was allowed to switch to the day shift so that she could spend time with her children. On the day shift, Lauture was supervised by Jane Weiger and Margaret Kinch, the Microbiology Lab's co-Lead Technologists, who had permitted Lauture's move from the evening shift. Weiger and Kinch are both white and U.S.-born.
While working the day shift, Lauture began experiencing interpersonal problems with Stephanie Rutter, a white, U.S.-born Lab Assistant. On or about January 4, 2006, Kinch and Weiger gave Lauture and Rutter documented verbal warnings that their "inability to get along and work together" was interrupting the work of others in the lab and had impacted patient care. J.A. 84. The warning further stated that the women were "dragging other co-workers into their Mexican stand-off" and violating St. Agnes' Code of Conduct by "not treating co-workers with respect."
Lauture was also disciplined for performance problems stemming from her work on the day shift. On February 2, 2006, Lauture received a documented verbal warning explaining eight clinical errors she made between January 2 and January 23. The counseling report stated that the incidents "indicat[e] lack of basic [c]linical skills and knowledge needed to perform her job." J.A. 336. The report mandated that Lauture be retrained by an "experienced technologist" from February 16 to March 3. Lauture signed the report, but wrote above her signature, "I do not agree with everything that was said on these comments."
On or about February 7, 2006,
Roughly two weeks later, Kinch and Weiger filed an amendment to the February 7 report, explaining that the test that had been delayed was a cryptococcal antigen test, not a meningitis test. They therefore "apologize[d] for implying that Geraldine was involved with the safety issue of notifying the persons" potentially exposed to meningitis. J.A. 349. They did not, however, alter Lauture's suspension because "the issue still remains that she did not perform proper corrective action for the maintenance of the [] water bath," which "caused a delay in patient testing."
On February 8, 2006, Lauture met with St. Agnes' Diversity Manager, Sherry Buebendorf, a black woman, to complain about the warning she had received and about her issues with Stephanie Rutter. Lauture complained that she was being treated unfairly. Buebendorf's report on the meeting reflects that she and Aimee Ringgold spoke to Kinch and Weiger, Lauture's supervisors, and concludes that, "After speaking with Ms. Lauture, reviewing documentation in Ms. Lauture's employee file and interviewing Peg Kinch and Jane Weiger, I am unable to state that there were any instances of discrimination against Ms. Lauture." J.A. 342. Lauture asserts that she never heard anything further about her complaint. J.A. 239.
On February 17, 2006, Lauture submitted a letter to St. Agnes Hospital, copying Kinch, Weiger, the Director of Human Resources, and others. The letter addressed the warnings she had received and explained why she viewed the underlying assertions by her supervisors as false. She also stated, "I have been discriminated against and my human rights have been seriously violated." J.A. 355. Lauture alleges that St. Agnes did not respond to her letter or investigate its contents. J.A. 239.
Following her suspension, Lauture completed the two weeks of retraining that the February 7 counseling report required. A March 9, 2006, report by Mainaki Parikh, the technician who retrained Lauture, explains that Lauture "knows her duties well" and "is trying to improve." J.A. 357. But it also states that Lauture "is extremely slow," "cannot perform a couple of tasks at the same time," "has a hard time understanding when a doctor calls for results," "did not ask . . . very many questions during her training," and "has potential to perform her duties adequately, if she could take them responsibly and seriously." J.A. 357.
On March 9, 2006, apparently in response to a complaint by Stephanie Rutter that Lauture was ignoring her, St. Agnes' Human Resources staff convened a meeting that was attended by Lauture, Rutter, Finch, Weiger, Ringgold, Lab Director Jo Oliver, and Colleen Meegan, another Human Resources employee. Lauture felt intimidated and cried during the meeting. J.A. 239; Supp. J.A. 53. All of the other attendees are white and/or U.S.-born. J.A. 239.
The next day Lauture submitted her resignation letter to St. Agnes, giving two-week notice. Lauture explained in the letter that her work situation was causing "insomnia, anxiety and overwhelming stress." J.A. 371. She stated that St. Agnes had failed to address the "prejudice, discrimination and blatant lies" to which she had been subjected and that, "[i]t is unfortunate that this hospital . . . allows certain of its employees to show a lack of ["brotherly love"] to myself, another employee of a different skin color who comes from a different place of birth."
St. Agnes made Lauture's resignation effective immediately, and security guards then escorted her out of the building.
On April 7, 2006, Lauture filed a Charge of Discrimination against St. Agnes with the Baltimore Community Relations Commission. On February 5, 2008, the U.S. Equal Employment Opportunity Commission issued Lauture a Notice of Right to Sue, and Lauture filed suit against St. Agnes in the U.S. District Court for the District of Maryland on April 15, 2008.
In the district court, Lauture's initial complaint asserted claims of discrimination, specifically disparate discipline, hostile work environment, and constructive discharge under Title VII. After discovery, St. Agnes moved for summary judgment. The district court granted Lauture's motion for leave to file an amended complaint adding state law claims for breach of contract and intentional infliction of emotional distress, and granted St. Agnes' motion for summary judgment on all claims.
We review the district court's summary judgment decision
Lauture's claim of race and national origin discrimination rests on her contention that she was disciplined more severely than Caucasian, U.S.-born employees who made laboratory errors of similar severity. To establish a
The district court recognized, and the parties do not dispute, that Lauture is a member of a protected class. But the district court held that Lauture could not establish a
Lauture alleges that the retraining and suspension she received for laboratory errors are outside the range of discipline imposed on comparators outside her protected class. Specifically, she argues that the district court erred in considering the termination of two comparators who were terminated in 2007, after Lauture filed her complaint in this case. Appellant's Br. at 19-20. Lauture argues that "the relevant end-time period should be at the time [she] left St. Agnes," that is, March 2006. Appellant's Reply Br. at 5.
We note that, save one minor exception not involving a laboratory error, all of the evidence that Lauture has put forth to show the allegedly more lenient discipline of her comparators arises from incidents that occurred after Lauture left St. Agnes. J.A. 213-15. Thus Lauture's proposed end date for the discipline of comparators would eliminate not just the evidence of the terminations that she seeks to exclude, but all of the evidence as to the treatment of her comparators. In essence, her proposed rule would bar her comparator evidence, and her claim would fail on that basis. We decline her invitation to establish a fixed evidentiary end date.
Although comparators must be similarly situated, we have recognized that "the comparison will never involve precisely the same set of work-related offenses occurring over the same period of time and under the same sets of circumstances."
Because we hold that Lauture did not proffer a
Lauture bases her hostile work environment claim on the following assertions: (1) she was disciplined more harshly than similarly situated employees outside her protected classes; (2) St. Agnes failed to investigate her discrimination complaints; (3) St. Agnes responded with more attention to complaints of employees outside her protected classes; (4) St. Agnes falsely accused her of causing a meningitis exposure; (5) a report used the phrase "Mexican stand-off" in reference to her disputes with Stephanie Rutter; and (6) a report stated that she was untrainable. Appellant's Br. at 27.
To demonstrate a race- or national origin-based hostile work environment, Lauture must show that a reasonable jury could find she was the subject of conduct that was: (1) unwelcome, (2) based on race or national origin, and (3) "sufficiently severe or pervasive to alter the conditions of employment and create an abusive atmosphere," and that (4) there is some basis for imposing liability on the employer.
The district court correctly held that Lauture has shown neither that the alleged discrimination was based on her race or national origin, nor that the conduct was sufficiently severe or pervasive to be abusive. Lauture offers no direct evidence of discrimination.
Lauture relies on the same factual allegations to support her constructive discharge claim as she does to support her hostile work environment claim. The immediate catalyst for her resignation was the March 9, 2006 meeting, during which she felt intimidated and cried.
In this circuit, an employee alleging constructive discharge must "allege and prove two elements: (1) the deliberateness of [the employer's] actions, motivated by racial [or national origin] bias, and (2) the objective intolerability of the working conditions."
Lauture has shown neither the intolerability of her working conditions nor deliberateness by St. Agnes intended to force her to quit. Lauture's complaints center on her perception that she was unfairly criticized for her performance and the personal problems she and Rutter experienced and that her complaints were not investigated, especially in comparison to those of other employees. Although these circumstances were unpleasant for Lauture, they are akin to the "feeling of being unfairly criticized" and "unpleasant working conditions" that we held insufficient for a constructive discharge claim in
We therefore affirm the district court's grant of summary judgment to St. Agnes on this claim.
In addition to her federal Title VII claims, the district court allowed Lauture to amend her complaint to add Maryland state law claims for breach of contract and intentional infliction of emotional distress (IIED).
Lauture alleges that St. Agnes is liable for breach of contract for violating its Associate Handbook by suspending her and terminating her immediately upon receipt of her resignation letter. The district court held that the handbook was not a contract and granted summary judgment to St. Agnes. We agree.
The parties do not dispute that under Maryland law, an employee handbook can give rise to a breach of contract claim but that an employer can nonetheless disclaim contractual liability in the handbook.
Lauture asserts that the disclaimer is ambiguous. Appellant's Br. at 36. We disagree. The express disclaimer of contractual liability is sufficiently clear to render the Handbook not a contract and thus not susceptible to breach.
Lauture's second state law claim was for IIED. She bases this claim on St. Agnes' decision to make her resignation effective immediately and the fact that she was escorted from the building by security guards. Under Maryland law, "[a] claim of IIED has four elements: `(1) The conduct must be intentional or reckless; (2) [t]he conduct must be extreme and outrageous; (3) [t]here must be a causal connection between the wrongful conduct and the emotional distress; (4) [t]he emotional distress must be severe.'"
Lauture has failed to show that St. Agnes' conduct was "extreme and outrageous." Immediately accepting Lauture's resignation and having her escorted out of the building by security guards simply does not constitute conduct "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community" as the Maryland courts have required.
In addition, Lauture has not shown that she suffered severe emotional distress. Although we must consider the "personality of the individual to whom the misconduct is directed,"
For the foregoing reasons, we affirm the district court's grant of summary judgment to St. Agnes Hospital on all claims.